80 Extension of powers under sections 135 and 136 of the Mental Health Act 1983
(1) The Mental Health Act 1983 is amended as follows.
(2) In section 135 (warrant to search for and remove patients), after subsection (1) insert—
(1A) If the premises specified in the warrant are a place of safety, the constable executing the warrant may, instead of removing the person to another place of safety, keep the person at those premises for the purpose mentioned in subsection (1).
(3) In subsection (3) of that section—
(a) for “under this section” substitute “ under subsection (1) ”;
(b) before “may” insert “ , or kept at the premises specified in the warrant under subsection (1A), ”.
(4) In section 136 (mentally disordered persons found in public places), for subsection (1) substitute—
(1) If a person appears to a constable to be suffering from mental disorder and to be in immediate need of care or control, the constable may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons—
(a) remove the person to a place of safety within the meaning of section 135, or
(b) if the person is already at a place of safety within the meaning of that section, keep the person at that place or remove the person to another place of safety.
(1A) The power of a constable under subsection (1) may be exercised where the mentally disordered person is at any place, other than—
(a) any house, flat or room where that person, or any other person, is living, or
(b) any yard, garden, garage or outhouse that is used in connection with the house, flat or room, other than one that is also used in connection with one or more other houses, flats or rooms.
(1B) For the purpose of exercising the power under subsection (1), a constable may enter any place where the power may be exercised, if need be by force.
(5) After subsection (1B) of that section (inserted by subsection (4) above) insert—
(1C) Before deciding to remove a person to, or to keep a person at, a place of safety under subsection (1), the constable must, if it is practicable to do so, consult—
(a) a registered medical practitioner,
(b) a registered nurse,
(c) an approved mental health professional, or
(d) a person of a description specified in regulations made by the Secretary of State.
(6) In subsection (2) of that section, for “removed to” substitute “ removed to, or kept at, ”.
(7) For the heading of that section substitute “ Removal etc of mentally disordered persons without a warrant ”.
81 Restrictions on places that may be used as places of safety
(1) The Mental Health Act 1983 is amended as follows.
(2) In section 135 (warrant to search for and remove patients), in subsection (6), omit the words “the occupier of which is willing temporarily to receive the patient”.
(3) After subsection (6) of that section insert—
(7) For the purpose of subsection (6)—
(a) a house, flat or room where a person is living may not be regarded as a suitable place unless—
(i) if the person believed to be suffering from a mental disorder is the sole occupier of the place, that person agrees to the use of the place as a place of safety;
(ii) if the person believed to be suffering from a mental disorder is an occupier of the place but not the sole occupier, both that person and one of the other occupiers agree to the use of the place as a place of safety;
(iii) if the person believed to be suffering from a mental disorder is not an occupier of the place, both that person and the occupier (or, if more than one, one of the occupiers) agree to the use of the place as a place of safety;
(b) a place other than one mentioned in paragraph (a) may not be regarded as a suitable place unless a person who appears to the constable exercising powers under this section to be responsible for the management of the place agrees to its use as a place of safety.
(4) After subsection (7) of that section (inserted by subsection (3) above) insert—
(8) This section is subject to section 136A which makes provision about the removal and taking of persons to a police station under this section.
(5) In section 136, after subsection (4) insert—
(5) This section is subject to section 136A which makes provision about the removal and taking of persons to a police station, and the keeping of persons at a police station, under this section.
(6) After section 136 insert—
Use of police stations as places of safety
136A (1) A child may not, in the exercise of a power to which this section applies, be removed to, kept at or taken to a place of safety that is a police station.
(2) The Secretary of State may by regulations—
(a) provide that an adult may be removed to, kept at or taken to a place of safety that is a police station, in the exercise of a power to which this section applies, only in circumstances specified in the regulations;
(b) make provision about how adults removed to, kept at or taken to a police station, in the exercise of a power to which this section applies, are to be treated while at the police station, including provision for review of their detention.
(3) Regulations under this section—
(a) may make different provision for different cases;
(b) may make provision that applies subject to specified exceptions;
(c) may include incidental, supplementary or consequential provision or transitional, transitory or saving provision.
(4) The powers to which this section applies are—
(a) the power to remove a person to a place of safety under a warrant issued under section 135(1);
(b) the power to take a person to a place of safety under section 135(3A);
(c) the power to remove a person to, or to keep a person at, a place of safety under section 136(1);
(d) the power to take a person to a place of safety under section 136(3).
(5) In this section—
(a) “child” means a person aged under 18;
(b) “adult” means a person aged 18 or over.
(1) The Mental Health Act 1983 is amended as follows.
(2) In section 135 (warrant to search for and remove patients)—
(a) in subsection (3), for “72 hours” substitute “ the permitted period of detention ”;
(b) after subsection (3) insert—
(3ZA) In subsection (3), “the permitted period of detention” means—
(a) the period of 24 hours beginning with—
(i) in a case where the person is removed to a place of safety, the time when the person arrives at that place;
(ii) in a case where the person is kept at the premises specified in the warrant, the time when the constable first entered the premises to execute the warrant; or
(b) where an authorisation is given in relation to the person under section 136B, that period of 24 hours and such further period as is specified in the authorisation.
;
(c) in subsection (3A), for “the period of 72 hours” substitute “ the permitted period of detention ”;
(d) in subsection (3B), for “the period of 72 hours” substitute “ the permitted period of detention ”.
(3) In section 136 (mentally disordered persons found in public places)—
(a) in subsection (2), for “72 hours” substitute “ the permitted period of detention ”;
(b) after subsection (2) insert—
(2A) In subsection (2), “the permitted period of detention” means—
(a) the period of 24 hours beginning with—
(i) in a case where the person is removed to a place of safety, the time when the person arrives at that place;
(ii) in a case where the person is kept at a place of safety, the time when the constable decides to keep the person at that place; or
(b) where an authorisation is given in relation to the person under section 136B, that period of 24 hours and such further period as is specified in the authorisation.
;
(c) in subsection (3), for “the period of 72 hours” substitute “ the permitted period of detention ”;
(d) in subsection (4), for “the period of 72 hours” substitute “ the permitted period of detention ”.
(4) After section 136A (inserted by section 81) insert—
Extension of detention
136B (1) The registered medical practitioner who is responsible for the examination of a person detained under section 135 or 136 may, at any time before the expiry of the period of 24 hours mentioned in section 135(3ZA) or (as the case may be) 136(2A), authorise the detention of the person for a further period not exceeding 12 hours (beginning immediately at the end of the period of 24 hours).
(2) An authorisation under subsection (1) may be given only if the registered medical practitioner considers that the extension is necessary because the condition of the person detained is such that it would not be practicable for the assessment of the person for the purpose of section 135 or (as the case may be) section 136 to be carried out before the end of the period of 24 hours (or, if the assessment began within that period, for it to be completed before the end).
(3) If the person is detained at a police station, and the assessment would be carried out or completed at the station, the registered medical practitioner may give an authorisation under subsection (1) only if an officer of the rank of superintendent or above approves it.
(5) In section 138 (retaking of patients escaping from custody), in subsection (3), for the words from “after the expiration of the period” to the end of the subsection substitute “—
(a) in a case where the person escapes while being removed to a place of safety in the execution of a warrant under section 135(1) or under section 136(1), after the end of the period of 24 hours beginning with the escape;
(b) in a case where the person escapes after the beginning of the period that is the permitted period of detention in relation to the person under section 135(3ZA) or 136(2A), after the end of that period (taking into account any authorisation under section 136B(1) that was given before the person escaped).”
83 Protective searches: individuals removed etc under section 135 or 136 of the Mental Health Act 1983
After section 136B of the Mental Health Act 1983 (inserted by section 82) insert—
Protective searches
136C (1) Where a warrant is issued under section 135(1) or (2), a constable may search the person to whom the warrant relates if the constable has reasonable grounds for believing that the person—
(a) may present a danger to himself or herself or to others, and
(b) is concealing on his or her person an item that could be used to cause physical injury to himself or herself or to others.
(2) The power to search conferred by subsection (1) may be exercised—
(a) in a case where a warrant is issued under section 135(1), at any time during the period beginning with the time when a constable enters the premises specified in the warrant and ending when the person ceases to be detained under section 135;
(b) in a case where a warrant is issued under section 135(2), at any time while the person is being removed under the authority of the warrant.
(3) Where a person is detained under section 136(2) or (4), a constable may search the person, at any time while the person is so detained, if the constable has reasonable grounds for believing that the person—
(a) may present a danger to himself or herself or to others, and
(b) is concealing on his or her person an item that could be used to cause physical injury to himself or herself or to others.
(4) The power to search conferred by subsection (1) or (3) is only a power to search to the extent that is reasonably required for the purpose of discovering the item that the constable believes the person to be concealing.
(5) The power to search conferred by subsection (1) or (3)—
(a) does not authorise a constable to require a person to remove any of his or her clothing other than an outer coat, jacket or gloves, but
(b) does authorise a search of a person's mouth.
(6) A constable searching a person in the exercise of the power to search conferred by subsection (1) or (3) may seize and retain anything found, if he or she has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or herself or to others.
(7) The power to search a person conferred by subsection (1) or (3) does not affect any other power to search the person.
84 Application of maritime enforcement powers: general
(1) A law enforcement officer may, for the purpose of preventing, detecting, investigating or prosecuting an offence under the law of England and Wales, exercise any of the maritime enforcement powers in relation to—
(a) a United Kingdom ship in England and Wales waters, foreign waters or international waters,
(b) a ship without nationality in England and Wales waters or international waters,
(c) a foreign ship in England and Wales waters or international waters, or
(d) a ship, registered under the law of a relevant territory, in England and Wales waters or international waters.
(2) In this Chapter, “the maritime enforcement powers” are the powers set out in—
(a) section 88 (power to stop, board, divert and detain);
(b) section 89 (power to search and obtain information);
(c) section 90 (power of arrest and seizure).
(3) The following persons are “law enforcement officers” for the purpose of this Chapter—
(a) a constable who is a member of a police force in England and Wales,
(b) a special constable appointed under section 27 of the Police Act 1996,
(c) a constable who is a member of the British Transport Police Force,
(d) a port constable, within the meaning of section 7 of the Marine Navigation Act 2013, or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964,
(e) a designated customs official within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act),
(f) a designated NCA officer who is authorised by the Director General of the National Crime Agency (whether generally or specifically) to exercise the powers of a law enforcement officer under this Chapter, or
(g) a person of a description specified in regulations made by the Secretary of State.
(4) Regulations under subsection (3)(g) are to be made by statutory instrument.
(5) A statutory instrument containing regulations under subsection (3)(g) is subject to annulment in pursuance of a resolution of either House of Parliament.
(6) This section is subject to section 85 (which makes provision about when the authority of the Secretary of State is required before the maritime enforcement powers are exercised in reliance on this section).
85 Restriction on exercise of maritime enforcement powers
(1) The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 84(1), in relation to a United Kingdom ship in foreign waters.
(2) The Secretary of State may give authority under subsection (1) only if the State, or the relevant territory, in whose waters the powers would be exercised consents to the exercise of the powers.
(3) The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 84(1), in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to England and Wales or in international waters.
(4) The Secretary of State may give authority under subsection (3) in relation to a foreign ship only if—
(a) the home state has requested the assistance of the United Kingdom for the purpose of preventing, detecting, investigating or prosecuting an offence under the law of England and Wales,
(b) the home state has authorised the United Kingdom to act for that purpose, or
(c) the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) otherwise permits the exercise of the powers in relation to the ship.
(1) A law enforcement officer may, for the purpose of preventing, detecting, investigating or prosecuting an offence under the law of England and Wales, exercise any of the maritime enforcement powers in relation to a ship in Scotland waters if—
(a) the ship is pursued there,
(b) immediately before the pursuit of the ship, the ship was in England and Wales waters or international waters,
(c) before the pursuit of the ship, a signal was given for it to stop,
(d) the signal was given in such a way as to be audible or visible from the ship, and
(e) the pursuit of the ship is not interrupted.
(2) For the purposes of subsection (1)(e), pursuit is not interrupted by reason only of the fact that—
(a) the method of carrying out the pursuit, or
(b) the identity of the ship or aircraft carrying out the pursuit,
changes during the course of the pursuit.
(3) This section is subject to section 87 (which requires the authority of the Secretary of State before the maritime enforcement powers are exercised in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to Scotland).
87 Restriction on exercise of maritime enforcement powers in hot pursuit
(1) The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 86, in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to Scotland.
(2) The Secretary of State may give authority under subsection (1) in relation to a foreign ship only if—
(a) the home state has requested the assistance of the United Kingdom for the purpose of preventing, detecting, investigating or prosecuting an offence under the law of England and Wales,
(b) the home state has authorised the United Kingdom to act for that purpose, or
(c) the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) otherwise permits the exercise of the powers in relation to the ship.
(1) This section applies if a law enforcement officer has reasonable grounds to suspect that—
(a) an offence under the law of England and Wales is being, or has been, committed on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 84 or 86, or
(b) a ship in relation to which those powers are so exercisable is otherwise being used in connection with the commission of an offence under that law.
(2) The law enforcement officer may—
(a) stop the ship;
(b) board the ship;
(c) require the ship to be taken to a port in England and Wales or elsewhere and detained there.
(3) Except as provided by subsection (5), the authority of the Secretary of State is required before a law enforcement officer may exercise the power conferred by subsection (2)(c) to require the ship to be taken to a port outside the United Kingdom.
(4) The Secretary of State may give authority for the purposes of subsection (3) only if the State, or the relevant territory, in which the port is located is willing to receive the ship.
(5) If the law enforcement officer is acting under authority given for the purposes of section 85(3) or 87(1), the law enforcement officer may require the ship to be taken to—
(a) a port in the home state or relevant territory in question, or
(b) if the home state or relevant territory requests, a port in any other State or relevant territory willing to receive the ship.
(6) The law enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of subsection (2)(c).
(7) A law enforcement officer must give notice in writing to the master of any ship detained under this section.
(8) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a law enforcement officer.
(1) This section applies if a law enforcement officer has reasonable grounds to suspect that there is evidence relating to an offence under the law of England and Wales (other than items subject to legal privilege) on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 84 or 86.
(2) The law enforcement officer may search—
(a) the ship;
(b) anyone found on the ship;
(c) anything found on the ship (including cargo).
(3) The law enforcement officer may require a person found on the ship to give information about himself or herself or about anything found on the ship.
(4) The power to search conferred by subsection (2) is a power to search only to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in subsection (1).
(5) The power to search a person conferred by subsection (2) does not authorise a law enforcement officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.
(6) In exercising a power conferred by subsection (2) or (3), a law enforcement officer may (amongst other things)—
(a) open any containers;
(b) require the production of documents, books or records relating to the ship or anything on it, other than anything that the law enforcement officer has reasonable grounds to believe to be an item subject to legal privilege;
(c) make photographs or copies of anything the production of which the law enforcement officer has power to require.
(7) The power in subsection (6)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.
(8) The power of a law enforcement officer under subsection (2)(b) or (c) or (3) may be exercised on the ship or elsewhere.
(1) This section applies if a law enforcement officer has reasonable grounds to suspect that an offence under the law of England and Wales has been, or is being, committed on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 84 or 86.
(2) The law enforcement officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence.
(3) The law enforcement officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence, other than anything that the officer has reasonable grounds to believe to be an item subject to legal privilege.
(4) The power of a law enforcement officer under subsection (2) or (3) may be exercised on the ship or elsewhere.
(1) This section applies where a power conferred by section 88 is exercised in relation to a ship.
(2) A law enforcement officer may search any person found on the ship for anything which the officer has reasonable grounds to believe the person might use to—
(a) cause physical injury,
(b) cause damage to property, or
(c) endanger the safety of any ship.
(3) The power under subsection (2) may be exercised on board the ship or elsewhere.
(4) A law enforcement officer searching a person under subsection (2) may seize and retain anything found if the law enforcement officer has reasonable grounds to believe that the person might use it for a purpose mentioned in paragraphs (a) to (c) of that subsection.
(5) Anything seized under subsection (4) may be retained only for so long as there are reasonable grounds to believe that it might be used as mentioned in that subsection.
(6) The power to search a person conferred by subsection (2) does not authorise a law enforcement officer to require the person to remove any clothing in public, other than an outer coat, jacket or gloves.
92 Maritime enforcement powers: other supplementary provision
(1) A law enforcement officer may—
(a) be accompanied by other persons, and
(b) take equipment or materials,
to assist the officer in the exercise of powers under this Chapter.
(2) A law enforcement officer may use reasonable force, if necessary, in the performance of functions under this Chapter.
(3) A person accompanying a law enforcement officer under subsection (1) may perform any of the officer's functions under this Chapter, but only under the officer's supervision.
(4) A law enforcement officer must produce evidence of the officer's authority if asked to do so.
(5) A law enforcement officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Chapter if the court is satisfied that—
(a) the act was done in good faith, and
(b) there were reasonable grounds for doing it.
(6) The powers conferred by this Chapter do not affect any other powers that a law enforcement officer may have.
(1) A person commits an offence if the person—
(a) intentionally obstructs a law enforcement officer in the performance of functions under this Chapter, or
(b) fails without reasonable excuse to comply with a requirement imposed by a law enforcement officer in the performance of those functions.
(2) A person who provides information in response to a requirement imposed by a law enforcement officer in the performance of functions under this Chapter commits an offence if—
(a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or
(b) the person intentionally fails to disclose any material particular.
(3) A law enforcement officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this section.
(4) A person guilty of an offence under this section is liable on summary conviction to a fine.
(1) The Secretary of State must prepare and issue a code of practice in respect of the practice to be followed by law enforcement officers when arresting a person under the power conferred by section 90.
(2) The code must, in particular, provide guidance as to the information to be given to the person at the time of arrest (whether about procedural rights or other matters).
(3) A failure of a law enforcement officer to comply with any provision of the code does not of itself render the law enforcement officer liable to any criminal or civil proceedings.
(4) The code—
(a) is admissible in evidence in criminal and civil proceedings, and
(b) may be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
(5) The Secretary of State may at any time revise the whole or any part of the code.
(6) The code, or any revision of the code, does not come into operation until the Secretary of State so provides by regulations.
(7) Regulations under this section are to be made by statutory instrument.
(8) A statutory instrument containing regulations under this section that bring the code into operation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(9) A statutory instrument containing regulations under this section that bring a revision of the code into operation must be laid before Parliament (if the regulations are made without a draft having been laid and approved as mentioned in subsection (8)).
(10) Where a statutory instrument, or draft of a statutory instrument, is laid under this section, the code or revision of the code to which it relates must also be laid.
(1) In this Chapter—
“designated NCA officer” means a National Crime Agency officer who is either or both of the following—
an officer designated under section 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable;
an officer designated under that section as having the powers of a general customs official;
“England and Wales waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales;
“foreign ship” means a ship which—
is registered in a State other than the United Kingdom, or
is not so registered but is entitled to fly the flag of a State other than the United Kingdom;
“foreign waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to any relevant territory or State other than the United Kingdom;
“home state”, in relation to a foreign ship, means—
the State in which the ship is registered, or
the State whose flag the ship is otherwise entitled to fly;
“international waters” means waters beyond the territorial sea of the United Kingdom or of any other State or relevant territory;
“items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 10 of that Act);
“law enforcement officer” has the meaning given by section 84(3);
“maritime enforcement powers” has the meaning given by section 84(2);
“relevant territory” means—
the Isle of Man;
any of the Channel Islands;
a British overseas territory;
“Scotland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Scotland;
“ship” includes every description of vessel (including a hovercraft) used in navigation;
“ship without nationality” means a ship which—
is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, or
sails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience;
“United Kingdom ship” means a ship which—
is registered under Part 2 of the Merchant Shipping Act 1995,
is a Government ship within the meaning of that Act,
is not registered in any State or relevant territory but is wholly owned by persons each of whom has a United Kingdom connection, or
is registered under an Order in Council under section 1 of the Hovercraft Act 1968.
(2) For the purposes of paragraph (c) of the definition of “United Kingdom ship” in subsection (1), a person has a “United Kingdom connection” if the person is—
(a) a British citizen, a British overseas territories citizen or a British Overseas citizen,
(b) an individual who is habitually resident in the United Kingdom, or
(c) a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.
(3) References in this Chapter to the United Nations Convention on the Law of the Sea include references to any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom.
96 Application of maritime enforcement powers: general
(1) A law enforcement officer may, for the purpose of preventing, detecting or investigating an offence under the law of Scotland, exercise any of the maritime enforcement powers in relation to—
(a) a United Kingdom ship in Scotland waters, foreign waters or international waters,
(b) a ship without nationality in Scotland waters or international waters,
(c) a foreign ship in Scotland waters or international waters, or
(d) a ship, registered under the law of a relevant territory, in Scotland waters or international waters.
(2) In this Chapter, “the maritime enforcement powers” are the powers set out in—
(a) section 100 (power to stop, board, divert and detain);
(b) section 101 (power to search and obtain information);
(c) section 102 (power of arrest and seizure).
(3) The following persons are “law enforcement officers” for the purpose of this Chapter—
(a) a constable within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 (2012 asp 8),
(b) a constable who is a member of the British Transport Police Force,
(c) a designated customs official within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act),
(d) a designated NCA officer who is authorised by the Director General of the National Crime Agency (whether generally or specifically) to exercise the powers of a law enforcement officer under this Chapter, or
(e) a person of a description specified in regulations made by the Secretary of State.
(4) Regulations under subsection (3)(e) are to be made by statutory instrument.
(5) A statutory instrument containing regulations under subsection (3)(e) is subject to annulment in pursuance of a resolution of either House of Parliament.
(6) Regulations under subsection (3)(e) may not make devolved provision except with the consent of the Scottish Ministers.
(7) For the purpose of subsection (6), regulations under subsection (3)(e) make devolved provision if and to the extent that the effect of the regulations is to confer functions under this Chapter on a person of a description specified in the regulations and it would be within the legislative competence of the Scottish Parliament to confer those functions on persons of that description in an Act of the Scottish Parliament.
(8) This section is subject to section 97 (which makes provision about when the authority of the Secretary of State is required before the maritime enforcement powers are exercised in reliance on this section).
97 Restriction on exercise of maritime enforcement powers
(1) The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 96(1), in relation to a United Kingdom ship in foreign waters.
(2) The Secretary of State may give authority under subsection (1) only if the State, or the relevant territory, in whose waters the powers would be exercised consents to the exercise of the powers.
(3) The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 96(1), in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to Scotland or in international waters.
(4) The Secretary of State may give authority under subsection (3) in relation to a foreign ship only if—
(a) the home state has requested the assistance of the United Kingdom for the purpose of preventing, detecting or investigating an offence under the law of Scotland,
(b) the home state has authorised the United Kingdom to act for that purpose, or
(c) the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) otherwise permits the exercise of the powers in relation to the ship.
98 Hot pursuit of ships in England and Wales waters
(1) A law enforcement officer may, for the purpose of preventing, detecting or investigating an offence under the law of Scotland, exercise any of the maritime enforcement powers in relation to a ship in England and Wales waters if—
(a) the ship is pursued there,
(b) immediately before the pursuit of the ship, the ship was in Scotland waters or international waters,
(c) before the pursuit of the ship, a signal was given for it to stop,
(d) the signal was given in such a way as to be audible or visible from the ship, and
(e) the pursuit of the ship is not interrupted.
(2) For the purposes of subsection (1)(e), pursuit is not interrupted by reason only of the fact that—
(a) the method of carrying out the pursuit, or
(b) the identity of the ship or aircraft carrying out the pursuit,
changes during the course of the pursuit.
(3) This section is subject to section 99 (which requires the authority of the Secretary of State before the maritime enforcement powers are exercised in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to England and Wales).
99 Restriction on exercise of maritime enforcement powers in hot pursuit
(1) The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 98 in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to England and Wales.
(2) The Secretary of State may give authority under subsection (1) in relation to a foreign ship only if—
(a) the home state has requested the assistance of the United Kingdom for the purpose of preventing, detecting or investigating an offence under the law of Scotland,
(b) the home state has authorised the United Kingdom to act for that purpose, or
(c) the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) otherwise permits the exercise of the powers in relation to the ship.
(1) This section applies if a law enforcement officer has reasonable grounds to suspect that—
(a) an offence under the law of Scotland is being, or has been, committed on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 96 or 98, or
(b) a ship in relation to which those powers are so exercisable is otherwise being used in connection with the commission of an offence under that law.
(2) The law enforcement officer may—
(a) stop the ship;
(b) board the ship;
(c) require the ship to be taken to a port in Scotland or elsewhere and detained there.
(3) Except as provided by subsection (5), the authority of the Secretary of State is required before a law enforcement officer may exercise the power conferred by subsection (2)(c) to require the ship to be taken to a port outside the United Kingdom.
(4) The Secretary of State may give authority for the purposes of subsection (3) only if the State, or the relevant territory, in which the port is located is willing to receive the ship.
(5) If the law enforcement officer is acting under authority given for the purposes of section 97(3) or 99(1), the law enforcement officer may require the ship to be taken to—
(a) a port in the home state or relevant territory in question, or
(b) if the home state or relevant territory requests, a port in any other State or relevant territory willing to receive the ship.
(6) The law enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of subsection (2)(c).
(7) A law enforcement officer must give notice in writing to the master of any ship detained under this section.
(8) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a law enforcement officer.
(1) This section applies if a law enforcement officer has reasonable grounds to suspect that there is evidence relating to an offence under the law of Scotland (other than items subject to legal privilege) on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 96 or 98.
(2) The law enforcement officer may search—
(a) the ship;
(b) anyone found on the ship;
(c) anything found on the ship (including cargo).
(3) The law enforcement officer may require a person found on the ship to give information about himself or herself.
(4) The power to search conferred by subsection (2) is a power to search only to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in subsection (1).
(5) The power to search a person conferred by subsection (2) does not authorise a law enforcement officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.
(6) In exercising a power conferred by subsection (2) or (3), a law enforcement officer may (amongst other things)—
(a) open any containers;
(b) require the production of documents, books or records relating to the ship or anything on it, other than anything that the law enforcement officer has reasonable grounds to believe to be an item subject to legal privilege;
(c) make photographs or copies of anything the production of which the law enforcement officer has power to require.
(7) The power in subsection (6)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.
(8) The power of a law enforcement officer under subsection (2)(b) or (c) or (3) may be exercised on the ship or elsewhere.
(1) This section applies if a law enforcement officer has reasonable grounds to suspect that an offence under the law of Scotland has been, or is being, committed on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 96 or 98.
(2) The law enforcement officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence.
(3) The law enforcement officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence, other than anything that the officer has reasonable grounds to believe to be an item subject to legal privilege.
(4) The power of a law enforcement officer under subsection (2) or (3) may be exercised on the ship or elsewhere.
(1) This section applies where a power conferred by section 100 is exercised in relation to a ship.
(2) A law enforcement officer may search any person found on the ship for anything which the officer has reasonable grounds to believe the person might use to—
(a) cause physical injury,
(b) cause damage to property, or
(c) endanger the safety of any ship.
(3) The power under subsection (2) may be exercised on board the ship or elsewhere.
(4) A law enforcement officer searching a person under subsection (2) may seize and retain anything found if the law enforcement officer has reasonable grounds to believe that the person might use it for a purpose mentioned in paragraphs (a) to (c) of that subsection.
(5) Anything seized under subsection (4) may be retained only for so long as there are reasonable grounds to believe that it might be used as mentioned in that subsection.
(6) The power to search a person conferred by subsection (2) does not authorise a law enforcement officer to require the person to remove any clothing in public, other than an outer coat, jacket or gloves.
104 Maritime enforcement powers: other supplementary provision
(1) A law enforcement officer may—
(a) be accompanied by other persons, and
(b) take equipment or materials,
to assist the officer in the exercise of powers under this Chapter.
(2) A law enforcement officer may use reasonable force, if necessary, in the performance of functions under this Chapter.
(3) A person accompanying a law enforcement officer under subsection (1) may perform any of the officer's functions under this Chapter, but only under the officer's supervision.
(4) A law enforcement officer must produce evidence of the officer's authority if asked to do so.
(5) The powers conferred by this Chapter do not affect any other powers that a law enforcement officer may have.
(1) A person commits an offence if the person—
(a) intentionally obstructs a law enforcement officer in the performance of functions under this Chapter, or
(b) fails without reasonable excuse to comply with a requirement imposed by a law enforcement officer in the performance of those functions.
(2) A person who provides information in response to a requirement imposed by a law enforcement officer in the performance of functions under this Chapter commits an offence if—
(a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or
(b) the person intentionally fails to disclose any material particular.
(3) A law enforcement officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this section.
(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) In this Chapter—
“designated NCA officer” means a National Crime Agency officer who is either or both of the following—
an officer designated under section 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable who is entitled to exercise the powers and privileges of a Scottish constable (see paragraph 11(3) to (5) of Schedule 5 to that Act);
an officer designated under that section as having the powers of a general customs official;
“England and Wales waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales;
“foreign ship” means a ship which—
is registered in a State other than the United Kingdom, or
is not so registered but is entitled to fly the flag of a State other than the United Kingdom;
“foreign waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to any relevant territory or State other than the United Kingdom;
“home state”, in relation to a foreign ship, means—
the State in which the ship is registered, or
the State whose flag the ship is otherwise entitled to fly;
“international waters” means waters beyond the territorial sea of the United Kingdom or of any other State or relevant territory;
“items subject to legal privilege” has the same meaning as in Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (see section 412 of that Act);
“law enforcement officer” has the meaning given by section 96(3);
“maritime enforcement powers” has the meaning given by section 96(2);
“relevant territory” means—
the Isle of Man;
any of the Channel Islands;
a British overseas territory;
“Scotland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Scotland;
“ship” includes every description of vessel (including a hovercraft) used in navigation;
“ship without nationality” means a ship which—
is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, or
sails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience;
“United Kingdom ship” means a ship which—
is registered under Part 2 of the Merchant Shipping Act 1995,
is a Government ship within the meaning of that Act,
is not registered in any State or relevant territory but is wholly owned by persons each of whom has a United Kingdom connection, or
is registered under an Order in Council under section 1 of the Hovercraft Act 1968.
(2) For the purposes of paragraph (c) of the definition of “United Kingdom ship” in subsection (1), a person has a “United Kingdom connection” if the person is—
(a) a British citizen, a British overseas territories citizen or a British Overseas citizen,
(b) an individual who is habitually resident in the United Kingdom, or
(c) a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.
(3) References in this Chapter to the United Nations Convention on the Law of the Sea include references to any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom.
107 Application of maritime enforcement powers: general
(1) A law enforcement officer may, for the purpose of preventing, detecting or investigating an offence under the law of Northern Ireland, exercise any of the maritime enforcement powers in relation to—
(a) a United Kingdom ship in Northern Ireland waters,
(b) a ship without nationality in Northern Ireland waters,
(c) a foreign ship in Northern Ireland waters, or
(d) a ship, registered under the law of a relevant territory, in Northern Ireland waters.
(2) In this Chapter, “the maritime enforcement powers” are the powers set out in—
(a) section 109 (power to stop, board, divert and detain);
(b) section 110 (power to search and obtain information);
(c) section 111 (power of arrest and seizure).
(3) The following persons are “law enforcement officers” for the purpose of this Chapter—
(a) a constable who is a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve,
(b) a person appointed as a special constable in Northern Ireland by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847,
(c) a designated customs official within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act),
(d) a designated NCA officer who is authorised by the Director General of the National Crime Agency (whether generally or specifically) to exercise the powers of a law enforcement officer under this Chapter, or
(e) a person of a description specified in regulations made by the Secretary of State.
(4) Regulations under subsection (3)(e) are to be made by statutory instrument.
(5) A statutory instrument containing regulations under subsection (3)(e) is subject to annulment in pursuance of a resolution of either House of Parliament.
(6) Regulations under subsection (3)(e) may not make devolved provision except with the consent of the Department of Justice in Northern Ireland.
(7) For the purposes of subsection (6), regulations under subsection (3)(e) make devolved provision if and to the extent that—
(a) the effect of the regulations is to confer functions under this Chapter on a person of a description specified in the regulations,
(b) it would be within the legislative competence of the Northern Ireland Assembly to confer those functions on persons of that description in an Act of the Northern Ireland Assembly, and
(c) the consent of the Secretary of State would not be required under section 8 of the Northern Ireland Act 1998 in relation to a Bill conferring such functions.
(8) This section is subject to section 108 (which makes provision about when the authority of the Secretary of State is required before the maritime enforcement powers are exercised in reliance on this section).
108 Restriction on exercise of maritime enforcement powers
(1) The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 107(1), in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to Northern Ireland.
(2) The Secretary of State may give authority under subsection (1) in relation to a foreign ship only if—
(a) the home state has requested the assistance of the United Kingdom for the purpose of preventing, detecting or investigating an offence under the law of Northern Ireland,
(b) the home state has authorised the United Kingdom to act for that purpose, or
(c) the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) otherwise permits the exercise of the powers in relation to the ship.
(1) This section applies if a law enforcement officer has reasonable grounds to suspect that—
(a) an offence under the law of Northern Ireland is being, or has been, committed on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 107, or
(b) a ship in relation to which those powers are so exercisable is otherwise being used in connection with the commission of an offence under that law.
(2) The law enforcement officer may—
(a) stop the ship;
(b) board the ship;
(c) require the ship to be taken to a port in Northern Ireland.
(3) The law enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of subsection (2)(c).
(4) A law enforcement officer must give notice in writing to the master of any ship detained under this section.
(5) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a law enforcement officer.
(1) This section applies if a law enforcement officer has reasonable grounds to suspect that there is evidence relating to an offence under the law of Northern Ireland (other than items subject to legal privilege) on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 107.
(2) The law enforcement officer may search—
(a) the ship;
(b) anyone found on the ship;
(c) anything found on the ship (including cargo).
(3) The law enforcement officer may require a person found on the ship to give information about himself or herself.
(4) The power to search conferred by subsection (2) is a power to search only to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in subsection (1).
(5) The power to search a person conferred by subsection (2) does not authorise a law enforcement officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.
(6) In exercising a power conferred by subsection (2) or (3), a law enforcement officer may (amongst other things)—
(a) open any containers;
(b) require the production of documents, books or records relating to the ship or anything on it, other than anything that the law enforcement officer has reasonable grounds to believe to be an item subject to legal privilege;
(c) make photographs or copies of anything the production of which the law enforcement officer has power to require.
(7) The power in subsection (6)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.
(8) The power of a law enforcement officer under subsection (2)(b) or (c) or (3) may be exercised on the ship or elsewhere.
(1) This section applies if a law enforcement officer has reasonable grounds to suspect that an offence under the law of Northern Ireland has been, or is being, committed on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 107.
(2) The law enforcement officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence.
(3) The law enforcement officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence, other than anything that the officer has reasonable grounds to believe to be an item subject to legal privilege.
(4) The power of a law enforcement officer under subsection (2) or (3) may be exercised on the ship or elsewhere.
(1) This section applies where a power conferred by section 109 is exercised in relation to a ship.
(2) A law enforcement officer may search any person found on the ship for anything which the officer has reasonable grounds to believe the person might use to—
(a) cause physical injury,
(b) cause damage to property, or
(c) endanger the safety of any ship.
(3) The power under subsection (2) may be exercised on board the ship or elsewhere.
(4) A law enforcement officer searching a person under subsection (2) may seize and retain anything found if the law enforcement officer has reasonable grounds to believe that the person might use it for a purpose mentioned in paragraphs (a) to (c) of that subsection.
(5) Anything seized under subsection (4) may be retained only for so long as there are reasonable grounds to believe that it might be used as mentioned in that subsection.
(6) The power to search a person conferred by subsection (2) does not authorise a law enforcement officer to require the person to remove any clothing in public, other than an outer coat, jacket or gloves.
113 Maritime enforcement powers: other supplementary provision
(1) A law enforcement officer may—
(a) be accompanied by other persons, and
(b) take equipment or materials,
to assist the officer in the exercise of powers under this Chapter.
(2) A law enforcement officer may use reasonable force, if necessary, in the performance of functions under this Chapter.
(3) A person accompanying a law enforcement officer under subsection (1) may perform any of the officer's functions under this Chapter, but only under the officer's supervision.
(4) A law enforcement officer must produce evidence of the officer's authority if asked to do so.
(5) The powers conferred by this Chapter do not affect any other powers that a law enforcement officer may have.
(1) A person commits an offence if the person—
(a) intentionally obstructs a law enforcement officer in the performance of functions under this Chapter, or
(b) fails without reasonable excuse to comply with a requirement imposed by a law enforcement officer in the performance of those functions.
(2) A person who provides information in response to a requirement imposed by a law enforcement officer in the performance of functions under this Chapter commits an offence if—
(a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or
(b) the person intentionally fails to disclose any material particular.
(3) A law enforcement officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this section.
(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) In this Chapter—
“designated NCA officer” means a National Crime Agency officer who is either or both of the following—
an officer designated under section 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable who is entitled to exercise the powers and privileges of a Northern Ireland constable (see paragraph 11(6) of Schedule 5 to that Act);
an officer designated under that section as having the powers of a general customs official;
“foreign ship” means a ship which—
is registered in a State other than the United Kingdom, or
is not so registered but is entitled to fly the flag of a State other than the United Kingdom;
“home state”, in relation to a foreign ship, means—
the State in which the ship is registered, or
the State whose flag the ship is otherwise entitled to fly;
“items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (see article 12 of that Order);
“law enforcement officer” has the meaning given by section 107(3);
“maritime enforcement powers” has the meaning given by section 107(2);
“Northern Ireland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Northern Ireland;
“relevant territory” means—
the Isle of Man;
any of the Channel Islands;
a British overseas territory;
“ship” includes every description of vessel (including a hovercraft) used in navigation;
“ship without nationality” means a ship which—
is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, or
sails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience;
“United Kingdom ship” means a ship which—
is registered under Part 2 of the Merchant Shipping Act 1995,
is a Government ship within the meaning of that Act,
is not registered in any State or relevant territory but is wholly owned by persons each of whom has a United Kingdom connection, or
is registered under an Order in Council under section 1 of the Hovercraft Act 1968.
(2) For the purposes of paragraph (c) of the definition of “United Kingdom ship” in subsection (1), a person has a “United Kingdom connection” if the person is—
(a) a British citizen, a British overseas territories citizen or a British Overseas citizen,
(b) an individual who is habitually resident in the United Kingdom, or
(c) a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.
(3) References in this Chapter to the United Nations Convention on the Law of the Sea include references to any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom.
116 Extension of cross-border powers of arrest: urgent cases
(1) In Part 10 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement), after section 137 insert—
Additional cross-border powers of arrest etc: urgent cases
137A (1) A constable of a police force in England and Wales may arrest a person in England and Wales without a warrant if—
(a) the constable has reasonable grounds for suspecting that the person has committed a specified offence in Scotland or in Northern Ireland, and
(b) the constable also has reasonable grounds for believing that it is necessary to arrest the person—
(i) to allow the prompt and effective investigation of the offence, or
(ii) to prevent any prosecution for the offence from being hindered by the disappearance of the person.
(2) A constable of a police force in Scotland may arrest a person in Scotland without a warrant if—
(a) the constable has reasonable grounds for suspecting that the person has committed a specified offence in England and Wales or in Northern Ireland, and
(b) the constable is satisfied that it would not be in the interests of justice to delay the arrest either to enable a warrant for the person's arrest to be obtained and then executed under section 136 or to enable a power of arrest under section 137 to be exercised.
(3) Without prejudice to the generality of subsection (2)(b), it would not be in the interests of justice to delay an arrest for a purpose mentioned in that subsection if the constable reasonably believes that, unless the person is arrested without delay, the person will obstruct the course of justice in any way, including by seeking to avoid arrest or interfering with witnesses or evidence.
(4) A constable of a police force in Northern Ireland may arrest a person in Northern Ireland without a warrant if—
(a) the constable has reasonable grounds for suspecting that the person has committed a specified offence in England and Wales or in Scotland, and
(b) the constable also has reasonable grounds for believing that it is necessary to arrest the person—
(i) to allow the prompt and effective investigation of the offence, or
(ii) to prevent any prosecution for the offence from being hindered by the disappearance of the person.
(5) The power conferred by subsection (1) or (2) may be exercised by a constable appointed under section 24 of the Railways and Transport Safety Act 2003 in England and Wales or (as the case may be) in Scotland.
(6) The following provisions apply in relation to an arrest under this section by a constable of a person suspected of having committed a specified offence in England and Wales or in Northern Ireland—
(a) where the arrest is in England and Wales under subsection (1) or in Northern Ireland under subsection (4), the constable has the powers of entry and search conferred by section 137E;
(b) where the arrest is in Scotland under subsection (2), the constable has the same powers of entry and search for the purpose of the arrest as a constable of a police force in Scotland would have if there were reasonable grounds for suspecting that the offence had been committed in Scotland;
(c) the constable has the powers conferred by section 139 in relation to the arrested person;
(d) the constable may use reasonable force, if necessary, in arresting the person or in exercising the powers conferred by sections 137E and 139.
(7) Where a constable is arresting under this section a person suspected of having committed a specified offence in Scotland, the constable has the same powers as a constable of a police force in Scotland would have if arresting the person for the offence in Scotland.
(8) In this section—
“constable of a police force”, in relation to Northern Ireland, means a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve;
“specified offence” has the meaning given by section 137B.
Meaning of “specified offence” for the purposes of section 137A
137B (1) In section 137A, “specified offence” has the meaning given by this section.
(2) An offence committed in England and Wales is a specified offence if it is—
(a) an offence (including an offence under the common law) that is punishable by virtue of any statutory provision with imprisonment or another form of detention for a term of 10 years or with a greater punishment,
(b) an offence specified in Part 1 of Schedule 7A,
(c) an offence of attempting or conspiring to commit, or of inciting the commission of, an offence mentioned in paragraph (a) or (b), or
(d) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to an offence mentioned in paragraph (a) or (b).
(3) An offence committed in Scotland is a specified offence if it is—
(a) an offence (including an offence under the common law) that is punishable by virtue of any statutory provision with imprisonment or another form of detention for a term of 10 years or with a greater punishment,
(b) an offence specified in Part 2 of Schedule 7A, or
(c) an offence of attempting or conspiring to commit, or of inciting the commission of, an offence mentioned in paragraph (a) or (b).
(4) An offence committed in Northern Ireland is a specified offence if it is—
(a) an offence (including an offence under the common law) that is punishable by virtue of any statutory provision with imprisonment or another form of detention for a term of 10 years or with a greater punishment,
(b) an offence specified in Part 3 of Schedule 7A,
(c) an offence of attempting or conspiring to commit, or of inciting the commission of, an offence mentioned in paragraph (a) or (b), or
(d) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to an offence mentioned in paragraph (a) or (b).
(5) The Secretary of State may by regulations made by statutory instrument amend Part 1, 2 or 3 of Schedule 7A so as to add an offence to, or remove an offence from, the offences for the time being specified in the Part.
(6) Regulations under subsection (5) may add an offence to a Part of Schedule 7A only if—
(a) the offence is indictable, and
(b) the Secretary of State considers that it is necessary in the interests of justice to add the offence to the Part.
(7) For the purpose of subsection (6)(a), an offence is indictable if—
(a) in the case of an offence under the law of England and Wales, it is an indictable offence in England and Wales;
(b) in the case of an offence under the law of Scotland, it may be tried on indictment in Scotland;
(c) in the case of an offence under the law of Northern Ireland, it is an indictable offence in Northern Ireland.
(8) The Secretary of State may not make regulations under subsection (5) unless the Scottish Ministers and the Department of Justice in Northern Ireland consent to the making of the regulations.
(9) A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(10) In this section—
(a) a description of an offence in subsection (2)(a) or (b) or (4)(a) or (b) includes such an offence committed by aiding, abetting, counselling or procuring;
(b) a description of an offence in subsection (3)(a) or (b) includes such an offence committed by involvement art and part or by aiding, abetting, counselling or procuring;
(c) “statutory provision” means any provision of—
(i) an Act or subordinate legislation within the meaning of the Interpretation Act 1978;
(ii) an Act of the Scottish Parliament or an instrument made under such an Act;
(iii) a Measure or Act of the National Assembly for Wales or an instrument made under such a Measure or Act;
(iv) Northern Ireland legislation or an instrument made under Northern Ireland legislation.
Detention for the purpose of re-arrest
137C (1) A person arrested under section 137A in respect of a specified offence may be detained but only for the purpose of—
(a) enabling a warrant for the person's arrest in respect of the offence to be obtained and then executed under section 136, or
(b) enabling the person to be re-arrested under section 137.
(2) The person may be detained for that purpose—
(a) for an initial period of 3 hours beginning with the time of the arrest;
(b) for a second period of no more than 21 hours beginning with the end of the initial period, but only if detention for that period is authorised by both an officer of at least the rank of inspector in the arresting force and an officer of at least the rank of inspector in the investigating force;
(c) for a third period of no more than 12 hours beginning with the end of the second period, but only if detention for that period is authorised by both an officer of a rank above that of inspector in the arresting force and an officer of a rank above that of inspector in the investigating force.
(3) An officer of the arresting force may give an authorisation for the purpose of subsection (2)(b) or (c) only if satisfied that it is in the interests of justice to do so.
(4) An officer of the investigating force may give an authorisation for the purpose of subsection (2)(b) only if satisfied that—
(a) there are reasonable grounds to suspect that the person has committed the specified offence,
(b) a constable intends that the person be arrested as soon as is reasonably practicable (whether by the obtaining and execution of a warrant under section 136 or under section 137) and is acting expeditiously for that purpose, and
(c) it is in the interests of justice to give the authorisation.
(5) An officer of the investigating force may give an authorisation for the purpose of subsection (2)(c) only if satisfied that—
(a) there continue to be reasonable grounds to suspect that the person has committed the specified offence,
(b) a constable intends that the person be arrested as soon as is reasonably practicable (whether by the obtaining and execution of a warrant under section 136 or under section 137) and is acting expeditiously for that purpose, and
(c) it is in the interests of justice to give the authorisation.
(6) If, at any time while the person is detained, an appropriate officer in the investigating force is satisfied that it is no longer in the interests of justice for the person to be detained—
(a) the officer must notify the arresting force, and
(b) the person must be released immediately.
(7) In subsection (6), “appropriate officer” means—
(a) in relation to the person's detention for the initial period, any constable;
(b) in relation to the person's detention for the second period, an officer of at least the rank of inspector;
(c) in relation to the person's detention for the third period, an officer of a rank above that of inspector.
(8) In this section—
“arresting force” means the police force of which the constable who arrested the person under section 137A is a member;
“investigating force” means the police force that is investigating the specified offence which the person arrested under section 137A is suspected of having committed;
“specified offence” has the same meaning as in section 137A (see sections 137A(8) and 137B).
(9) In subsection (8), in the definition of “investigating force”, the reference to a police force includes a reference to—
(a) the National Crime Agency;
(b) any of the following (to the extent that their functions relate to the investigation of offences)—
(i) officers of Revenue and Customs;
(ii) immigration officers;
(iii) designated customs officials within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act).
(10) In the application of this section in a case where the investigating force is a police force mentioned in subsection (9)(a) or (b)—
(a) the reference to a constable in subsections (4)(b) and (5)(b), and the reference to a constable in the investigating force in subsection (7)(a), is to be read as a reference to a National Crime Agency officer designated under section 9 or 10 of the Crime and Courts Act 2013 (“a designated NCA officer”), an officer of Revenue and Customs, an immigration officer or a designated customs official (as the case may be);
(b) any reference to an officer of at least, or above, the rank of inspector in the investigating force is to be read as a reference to a designated NCA officer, an officer of Revenue and Customs, an immigration officer or a designated customs official (as the case may be) of at least, or above, the equivalent grade.
Rights of persons arrested under section 137A
137D (1) A person arrested under section 137A must be informed of the following matters as soon as is practicable after the arrest—
(a) the purpose for which the person may be detained under section 137C;
(b) the provision made by that section about the periods for which the person may be detained.
(2) The following provisions apply in relation to persons arrested under section 137A in respect of a specified offence committed in England and Wales (subject to the modifications made by Part 1 of Schedule 7B)—
(a) section 28 of the Police and Criminal Evidence Act 1984 (information to be given on arrest);
(b) section 56 of that Act (right to have someone informed when arrested);
(c) section 58 of that Act (access to legal advice);
(d) section 31 of the Children and Young Persons Act 1933 (separation of children and young persons from adults in police stations, courts etc);
(e) section 34 of that Act (additional protection for children and young persons).
(3) The following provisions apply in relation to persons arrested under section 137A in respect of a specified offence committed in Scotland (subject to the modifications made by Part 2 of Schedule 7B)—
(a) section 3 of the Criminal Justice (Scotland) Act 2016 (asp 1) (information to be given on arrest);
(b) Chapter 5 of Part 1 of that Act (rights of suspects in police custody);
(c) section 51 of that Act (duty to consider child's well-being);
(d) section 52 of that Act (duties in relation to children in custody).
(4) The following provisions apply in relation to persons arrested under section 137A in respect of a specified offence committed in Northern Ireland (subject to the modifications made by Part 3 of Schedule 7B)—
(a) Article 30 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)) (information to be given on arrest);
(b) Article 57 of that Order (right to have someone informed when arrested);
(c) Article 59 of that Order (access to legal advice);
(d) Article 9 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I.9)) (separation of child in police detention from adults charged with offences);
(e) Article 10 of that Order (additional protection for children and young persons).
(5) The Secretary of State may by regulations made by statutory instrument—
(a) amend this section so as to add to the provisions that for the time being apply as mentioned in subsection (2), (3) or (4);
(b) amend this section so as to remove any of those provisions that were added by virtue of paragraph (a);
(c) amend Schedule 7B so as to alter the modifications for the time being made by that Schedule, including by adding a modification or removing one;
(d) amend Schedule 7B so as to provide that any of the provisions that for the time being apply as mentioned in subsection (2), (3) or (4) do not apply in cases or circumstances set out in the Schedule.
(6) Regulations under subsection (5) may include consequential provision, including provision amending any statutory provision; and, for that purpose, statutory provision has the same meaning as in section 137B (see subsection (10)(c) of that section).
(7) The Secretary of State may not make regulations under subsection (5) unless the Scottish Ministers and the Department of Justice in Northern Ireland consent to the making of the regulations.
(8) A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(9) In the application of Schedule 7B in a case where the investigating force is a police force mentioned in section 137C(9)(a) or (b), any reference to an officer of at least, or above, a particular rank in the investigating force is to be read as a reference to a designated NCA officer, an officer of Revenue and Customs, an immigration officer or a designated customs official (as the case may be) of at least, or above, the equivalent grade.
(2) After Schedule 7 to that Act insert, as Schedule 7A to that Act, the Schedule set out in Schedule 15 to this Act.
(3) After Schedule 7A to that Act (as inserted by subsection (2) above) insert, as Schedule 7B to that Act, the Schedule set out in Schedule 16 to this Act.
117 Cross-border enforcement: powers of entry to effect arrest
In Part 10 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement), after section 137D (as inserted by section 116) insert—
Entry and search for the purposes of arrest
137E (1) A constable may enter and search any premises—
(a) for the purpose of executing in England and Wales under section 136(2)(b) a warrant issued in Northern Ireland;
(b) for the purpose of executing in Northern Ireland under section 136(3)(a) a warrant issued in England and Wales;
(c) for the purpose of arresting a person in Northern Ireland under section 137(1) in respect of a relevant England and Wales offence;
(d) for the purpose of arresting a person in England and Wales under section 137(3) in respect of a relevant Northern Ireland offence;
(e) for the purpose of arresting a person in England and Wales under section 137A(1) in respect of a specified offence committed in Northern Ireland;
(f) for the purpose of arresting a person in Northern Ireland under section 137A(4) in respect of a specified offence committed in England and Wales.
(2) In subsection (1)—
(a) “relevant England and Wales offence” means—
(i) an offence that is an indictable offence in England and Wales;
(ii) an offence mentioned in section 17(1)(c) or (caa) of the Police and Criminal Evidence Act 1984;
(b) “relevant Northern Ireland offence” means—
(i) an offence that is an indictable offence in Northern Ireland;
(ii) an offence mentioned in Article 19(1)(ba) to (c) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)).
(3) The powers of entry and search conferred by subsection (1)—
(a) are exercisable only if the constable has reasonable grounds for believing that the person whom he is seeking is on the premises, and
(b) are limited, in relation to premises consisting of two or more separate dwellings, to powers to enter and search—
(i) any part of the premises which the occupier of any dwelling comprised in the premises uses in common with the occupier of any other such dwelling, and
(ii) any such dwelling in which the constable has reasonable grounds for believing that the person whom he is seeking may be.
(4) The power of search conferred by subsection (1) is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised.
(5) In this section, “premises” includes any place and, in particular, includes—
(a) any vehicle, vessel, aircraft or hovercraft,
(b) any offshore installation,
(c) any renewable energy installation, and
(d) any tent or movable structure.
“Offshore installation” has the meaning given to it by section 44 of the Petroleum Act 1998.
“Renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (see section 104 of that Act).
118 Cross-border enforcement: officers of Revenue and Customs
In section 87 of the Finance Act 2007 (cross-border exercise of powers: officers of Revenue and Customs), in subsection (4) for “only in the exercise of a function relating to tax (including duties and tax credits)” substitute “ in the exercise of any function of the Commissioners for Her Majesty's Revenue and Customs or of officers of Revenue and Customs, within the meaning of the Commissioners for Revenue and Customs Act 2005 (see section 51(2) to (2B) of that Act) ”.
119 Cross-border enforcement: minor and consequential amendments
Schedule 17—
(a) makes minor amendments of Part 10 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement), and
(b) makes amendments consequential on the other amendments of that Part made by this Chapter.